Brazil’s Supreme Federal Court (STF) is entering a decisive week in the trial of eight high-profile defendants accused of plotting a coup d’état following the 2022 elections. Former president Jair Bolsonaro and senior military officials are among the accused. The trial, known as AP 2668, resumes Tuesday, September 9, and is expected to conclude by Friday, September 12.
The case centers on what the court refers to as the “core group” behind the attempted coup. Defendants include Bolsonaro (Liberal Party), generals Walter Braga Netto and Augusto Heleno, admiral Almir Garnier, former Justice Minister Anderson Torres, former Defense Minister Paulo Sérgio Nogueira, and federal lawmaker Alexandre Ramagem, a former director of Brazil’s intelligence agency (Abin). Also on trial is Army lieutenant colonel Mauro Cid, Bolsonaro’s former aide-de-camp and now a key witness for the prosecution.
Final schedule and vote sequence
The STF has scheduled extended sessions to deliver and debate the verdicts:
- Tuesday (Sep 9): 9 a.m. and 2 p.m.
- Wednesday (Sep 10): 9 a.m.
- Thursday (Sep 11): 9 a.m. and 2 p.m.
- Friday (Sep 12): 9 a.m. and 2 p.m.
On Tuesday morning, Justice Alexandre de Moraes, the lead rapporteur, will begin presenting his vote, expected to be lengthy and detailed. Following him, Justices Flávio Dino, Luiz Fux, Cármen Lúcia, and Cristiano Zanin will cast their votes in that order.
Court insiders see a low probability of a request to delay the vote, but anticipate potential disagreements over sentencing or the validity of Mauro Cid’s plea deal. Justice Fux, in particular, has signaled support for more watered-down sentences for some of the January 8 participants.
Possible outcomes and appeals
A simple majority (three out of five votes) is required for a guilty or not guilty verdict. If there’s disagreement over the core decision (guilt vs. innocence), defense teams can file embargos infringentes, which would move the case to the full Supreme Court bench. These appeals must be submitted within ten days but have no fixed ruling deadline.
If disagreement arises only regarding sentencing, and not on the defendants’ guilt, only declaratory appeals may be filed, typically to correct specific details, such as requesting house arrest due to health conditions. These appeals must be filed within five days of sentencing, and the presiding judge has five days to rule on them.
Once all appeals are resolved, sentences become final and must be enforced immediately.
Charges and potential sentences
All eight defendants, except Ramagem, who is still serving in Congress and partially shielded from trial, face charges including:
- Violent attempt to abolish the democratic rule of law: 4 to 8 years
- Attempted coup d’état: 4 to 12 years
- Participation in an armed criminal organization: 3 to 8 years (can reach up to 17 with aggravating factors such as firearm use or public official involvement)
- Aggravated property damage: 6 months to 3 years
- Desecration of protected heritage property: 1 to 3 years
In total, sentences could reach up to 43 years in prison, depending on the role of each individual.
Congressman Ramagem continues to face only the most serious charges: attempted coup, armed criminal conspiracy, and attack on democratic rule. Other charges against him are suspended by the Lower Chamber due to his parliamentary immunity.
Push for amnesty reignites political tensions
While the judiciary moves toward final sentencing, Bolsonaro-aligned lawmakers are pressuring Lower Chamber president Hugo Motta to advance a controversial amnesty bill that would shield those convicted for the January 8 coup attempt.
“We’ve already negotiated. We cleared the Senate and Chamber floors. Are we clowns?” said Congressman Sóstenes Cavalcante, the opposition leader in the lower house. He suggested Motta could face consequences if the bill is not brought forward.
The opposition also wants to overturn Bolsonaro’s ineligibility ruling. According to Cavalcante, over 200 deputies support the amnesty proposal, but he expressed doubts about Motta’s willingness to confront STF pressure.
Worker’s Party congressman Alencar Santana, leader of the ruling coalition in the Chamber, called the amnesty proposal ‘another coup attempt’ and emphasized its unconstitutionality. “If the Chamber president allows it, I hope we defeat it. And if not, President Lula will veto it,” Santana said.
He added: “Amnesty is a slap in the face to democracy and to every Brazilian who voted. Advancing this bill would be an affront to our entire political system.” The Supreme Court has already established that crimes against Brazil’s democratic rule of law are not subject to amnesty, as democracy is a fundamental, unchangeable principle of the country’s 1988 Constitution.
